Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-05-26

argument in relation 10 the admission n
Mark M. Oleaver's testimony in relation
10 Samuel Guthrie's mortgage Of acc. OO(
against the CLARK farm. Mr. HiQojns no
piled, and the court decided the eyideno,
TO be proper.
MIR. Oleaver said ho thought placing a,
.ne mortgage on the farm was safe at the
time, but he could not say what was tbs
actual value Of the property.
David X. Lyman testified that In his
opinion the CLARK farm, after the storm
and Hood Of February, 1885, without the
repairs 70 the banks, was worth only from
| FL, 900 TO $1a,
Mr.. Higgins offered In evidence a decd
for the property from the sheriff of the
county to Thomas Clyde (from whom Il
was purchased by Philip IL. Clark, in
which the consideration was placed al
The plaintiff recalled Anthony Reybold
who identified Thomas Clyde'e signature
20 snndry receipts for interest paid by
CLARK on the mortgage, and William A.
KINNEY, who testified that person
AZ the loot OF Pole Cal Hill could moi see
any part of Churchman'S house or ward
Henry BordmRn was also called and ra-
poAted his testimony in relation TO the
conversation he had with Churoh,nan
when the latter Haid he wonld not ALLOW
CLARK to join his return bank.
This olosed the testimony and Mt
O'Clock Mr.. Bradford opened the aron.
ment for tho plaintiffs, claiming that no
man had right to use his property 40 as
TO damage his neighboF, and that Church.
man had deliberately cut his bank in
order to Hood Olark's meadow and drive
HIM OIL the farm. At O'Clock court ADJ
Journed until 10 o'clock yesterday.
court met at 10 o'clock yesterday
morning, and Il. g. Bradford, Esd. re-
sumed his argument for the plaintiffs in
the lark-Ohurchman case. After arguing
to prove the responsibility of the defen.
dant Tor the loss sustained by the plain
tiffs, he estimated the items of the loss
thus sustained, rs follows: The cost Of a
return bank on the Clark farm, made
necessary by the acts of Churehman; 800
rods at 10 per rod, 1850; cost OF keen
ing the bank in repair, $500 per wear,
representing 6per cent interest on ID, hoo:
net value of hay crop that would have
been produced in 1886, but for the food
in the meadow caused by Churchman's
act, $3.50. Mrs. Clarks share, as land.
lord, of the hay crop that would have been
produced by the tenant, Fordham, in
1860, had 1t not been for the food caused |
oy Churchman'S wrongful act, $l,575; /
snare OF pasturage for that year, $3.50; |
total, $l2,Ol5. Mr.. Bradford also
argued that the jury could, in |
addition, award vindictive, exen-
piary or punitive damages, in 4
case they believed the defendant, In his /
wrong-doing, was aotuated by vindictiye
feelings or personal ill-will against the |
plaintiffs, in such sum as they con-
sldered would make a proper example of |
him. After addressing the court briefly |
npon the Inv points involved in the case,
MIR. Bradford closed at l1.45 O'Clock,
Anthony Higgins, Esq, followed in an
argument for the defendant. He chased
the case as one of the most remarkable
aver tried in court. The main plaintiff.
Mrs. Clark, having an interest in the case
only by the $50 she paid for the farm at
sherih's sale, was claiming extraordinary
damages. Had the plaintiffs put up
their own bank TO protect their prop
sity, it would have been different,
but their negligence destroyed Mr..
churchman's crops and compelled him
Q erect bank for his own protection.
dc had no legal redress in action against
he plaintiffs for the damage they caused,
~ even had he obtained judgnu ut ii
would have been nulliiied by the mort
gage. that covered their properly, and
would have lett nothing after foreclosure.
All that MIR. Ohurchman did in erecting
he bank for his own protection was in pur-
'uance Of his legal rights and of his duty to
himself, his family and his property. He
had done his full duty M neighbor. In
'egard to the emitting of the river bank,
n tho construction of the return bank,
dr. Higgins claimed that it was necessary
n order to admit the dredging machine,
Without which the bank could not have
'een constructed, and to protect tho bank
fter il was built
At O'clock court adjourned until 8
o'clock, u. IN.